2009 AIR SCW 5341 ::(2010) 1 WLC(SC)CVL 104 ::(2009) 2 CLR 249 (SC) ::(2009) 4 CivLJ 33 ::(2009) 3 All RentCas 759 ::(2009) 3 CivilCourtC 311 ::(2010) 3 Mad LJ(Cri) 489 ::2010 (1) SCC (Cri) 1229 ::(2009) 3 RecCivR 483 ::(2009) 3 RecCriR 493 ::(2009) 8 Scale 698 ::(2009) 3 CurCC 192 ::(2009) 6 AllMR 436 (SC) ::(2009) 4 All WC 3405 ::(2009) 2 NIJ 242 ::2009 (13) SCC 729

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): S. B. Sinha, Mukundakam Sharma , JJ

(A) Civil P.C. (5 of 1908) , S.151— Abuse of process of Court - In criminal proceedings reverse burden or evidentiary burden on accused would require strict interpretation and application - However, in civil suit such strict compliance @page-SCW5342may not be insisted upon - Therefore, it cannot be said that judgment rendered in criminal proceeding would make continuation of civil proceeding abuse of process of Court. (Para 19) (B) Civil P.C. (5 of 1908) , O.7 R.11— Rejection of plaint - O.7, R.11(d) provides for rejection of plaint, if it is barred by any law - It being one of exceptions, must be strictly construed. (Para 21) (C) Civil P.C. (5 of 1908) , S.11— Evidence Act (1 of 1872) , S.43— Res judicata - Dishonour of cheque - Appellant initiated criminal proceedings against respondent - Also filed suit for recovery of sum - Acquittal of respondent in criminal proceedings holding that respondent successfully proved that cheque in question was not issued to complainant appellant by way of repayment of any loan - Continuation of civil proceedings against respondent - Not barred by res judicata - Principles u/S.11, C.P.C. not attracted - Judgment of criminal Court n....